Originally posted 2012-02-10 14:56:07. Earlier here at Musings, I opined that sometimes the old saw about no good deed goes unpunished applies to construction. The subject of that post was litigation in the Eastern District of Virginia federal court between a contractor who reached an informal settlement with certain homeowners relating to Chinese drywall damages. […]
Why Construction Law?
Originally posted 2010-10-18 09:00:54. As I sit here and contemplate the almost 1 year of Construction Law Musings, I realized that I have not ever really explained why I like what I do. If you had asked me in law school if I was looking to be a construction lawyer, I likely would have looked […]
A Twist on Mechanic’s Liens and Bankruptcy
Originally posted 2010-11-08 11:28:52. We have discussed mechanic’s liens and their advantages relating to bankruptcy on several occasions here at Musings. As I warmed up from a cold weekend of camping with my son’s Boy Scout troop, I remembered a recent case out of the Fairfax County, Virginia Circuit Court that provides an explanation of […]
Why Attorney Fees Provisions Must Be in Your Contracts
Originally posted 2015-01-22 09:35:10. This past July, the Roanoke Circuit Court reminded us all of the need to put attorney fees provisions in construction contracts. In the case of Shen Valley Masonry, Inc. v. Thor, Inc., et al., the Court, among other rulings, allowed the defendant to collect its attorney fees because Thor had such […]
Fraud and Construction Contracts- Like Oil and Water?
Originally posted 2014-11-27 10:00:21. We have discussed the interaction of fraud and breach of contract actions on occasion here at Construction Law Musings. In most cases the two do not mix. Between the economic loss rule and the general desire of Virginia courts to keep contract actions and tort actions separate, most of the time […]